Posts by Jonathan H. Adler
Nah, I've been doing some of my worse habits for even longer
Wally Olson was first. VC began as Volokh Brothers. I joined as JNoV a little while later, in 2002.
This is such a huge gift. What an incredible resource.
Been doing it for over 20 years so hard to stop now
Here's my VC post with some initial thoughts and reactions to the Liptak-Kantor NYT story revealing internal Supreme Court memos on the Clean Power Plan stay:
reason.com/volokh/2026/...
Besides the errors, contradictions, ellisions, and apparently unfamiliarity with the equitable stay factors?
As you well know, the targets were not met in every state (but exceeded in others).
Um, really?
DC Circuit effectively stayed it in 2021 after rejecting Trump EPA repeal and staying the mandate.
I think there are a range of possibilities, and the clue may not be much of a clue.
I did not say clerk.
So there was no one at all in her chambers, while folks were in chambers for Roberts, Alito, and Kagan? I suppose that's possible.
Like even the 5th circuit issued stays and rejected legally premature challenges to Biden EOs (eg social cost of carbon).
(Waiting for a pineapple.)
This week on Serious Trouble: the very bad judgment of Swalwell, Josh uses Tiger King to trigger Ken into another rant about how standing law is bullshit (with apologies to @jadler1969.bsky.social), Ken not allowed to ride helicopters
www.serioustrouble.show/p/call-the-s...
Yes, the highly variable behavior of the lower courts does make me wonder about that
Fair point.
There are multiple articles on these memos in today's NYT. This post of mine has gift links to all of them (and the memos themselves)
reason.com/volokh/2026/...
It tells you something that I had to check to see which story you were referring to . . .
Here's my VC post with some initial thoughts and reactions to the Liptak-Kantor NYT story revealing internal Supreme Court memos on the Clean Power Plan stay:
reason.com/volokh/2026/...
And in this particular context, the marginal effect of the clean power plan on climate change wouldn't move the needle in the stay inquiry. Really no irreparable harm beyond that of staying and executive action (which Court purportedly cares about). 2/2
I agree on statutory text (and I've said the Chief's W. Va opinion is weak on that score even if correct on the merits), but nor sure i want justice's fears abput, say, uncontrolled border or birth tourism to influence their votes. 1/
I look forward to it!
Haven't you recently been stressing the dangers of the executive branch doing things Congress hasn't authorized? I prefer rule-of-law Bagenstos to court-should-consider-policy implications Bagenstos
Important story. It also confirms what a few of us wrote at the time about what likely motivated the court.
i am not a fan of acronyms in our public comms, but after our trustees passed a resolution yesterday to advertise our Westerly Trickling Filters project i am willing to make an exception.